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  • 10 - A Constitution Made for Mandela, A Constitutional Jurisprudence Developed for Zuma

  • from Part III - Powers and Processes
  • Edited by Helmut Philipp Aust, Freie Universität Berlin, Thomas Kleinlein, Friedrich-Schiller-Universität, Jena, Germany
  • Book:
    Encounters between Foreign Relations Law and International Law
    Published online:
    20 May 2021
    Print publication:
    03 June 2021, pp 215-238
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  • Summary

    In relation to foreign relations, South African courts have traditionally tended not to interfere with the executive. In the time before the democratic constitutional dispensation, foreign affairs was regarded as a prerogative of the executive on which the judiciary could not adjudicate. In the post-democratic dispensation, courts have held all exercise of public power, including in foreign relations, to be subject to judicial scrutiny. Yet, even then, a wide margin of discretion has been extended foreign affairs. In more recent years courts appear to be pulling back on the margin of discretion. This chapters reviews the recent jurisprudence of the South African Constitutional Court in matters relating to foreign relations and assesses the erosion of the discretion of the executive in foreign relations and whether this means the emergence of the judiciary in foreign relations.